Miami Theft Lawyer

SHOPLIFTING CRIMES

Shoplifting isn’t just a teenager prank any longer. Adults are arrested for this offense more frequently, particularly with economic stresses resulting from job losses and family problems. Walmart, Target, and Publix are replacing department stores such as Macy’s, J.C. Penney, and Marshall’s as hot spots for shoplifting arrests in Miami. While stores have increased their surveillance and monitoring in the aisles, the largest source of recent shoplifting arrests is the self check-out area. Recent changes to Florida’s theft statute established a higher threshold for petty theft charges at $750.00.

Self check-out can be a confusing process, even for the most tech-savvy person. It’s not uncommon for an item or two to slip through, without being scanned, and into a bag, with no intent to steal. Items are often inadvertently left on the bottom of shopping carts when the shopper moves past the self check-out area, having properly paid for hundreds of dollars of products. Security agents often detain shoppers before they leave the store and give them no opportunity to explain the mix-up or pay for the un-scanned merchandise. Attempted theft is considered a completed theft in Florida. It doesn’t matter if you had a change of
heart and gave back the goods. You’re still in for the same charges as if you had actually stolen them.

Police are called to the store and either arrest the shopper or issue a promise to appear in court and release them. Arrests for petit theft in Miami affect students, mothers and fathers, aunts and uncles, and grandparents with alarming frequency.

PENALTIES FOR SHOPLIFTING (PETIT THEFT)

• First-degree Petit Theft (stolen property value between $100 and $749)
  • Up to one year in jail
  • Up to a $1,000 fine
• Second degree Petit Theft (stolen property value less than $100)
  • Up to 60 days in jail
  • Up to a $500 fine

A person who commits petit theft and who has previously been convicted two or more times of any theft commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

Paying a Civil Penalty for Theft Does Not Prevent Criminal Charges

There are collateral consequences for a shoplifting arrest in Miami. If you are arrested for theft at a retail store, you may get a letter from an attorney demanding payment of $200.00 to avoid them filing a civil lawsuit for theft. Paying the penalty doe not mean you won’t be charged with a crime. Letters demanding money are derived from the civil theft statute:

Florida Statute Section 772.11.

Retail stores lose a lot of money yearly from theft, money paid to hire loss prevention officers and install costly surveillance systems, etc., and thus stores seek to recoup these losses through these letters (known as civil demand letters). There are defenses to these “demands” and they require consultation with an experienced Miami Theft Crimes Attorney.